TRANSFORMING PUBLIC DEFENSE IN ALLEGHENY COUNTY

The Path Forward

Authored by Rob Perkins & Dan Eichinger

Allegheny County’s public defense systems – including both the Public Defender and the separate court-run system – are in need of a fundamental overhaul. To respond to that need, ALIJ released a report titled, “Transforming Indigent Defense in Allegheny County: The Path Forward.”

When most people think of a criminal case, their concern lies with crime victims. That’s absolutely a valid concern. But it’s also only part of the equation. The truth is, many criminal charges – such as possessing drugs for personal use – don’t have an identifiable victim. And often, the accused themself will be harmed by the case.

Excessive convictions and incarceration impose individual and societal harms. For those who should be in treatment rather than jail, incarceration exacerbates mental health conditions, as well as increases the risk of a drug overdose after release. Convictions also carry collateral consequences – such as the loss of a job or housing – that drive people into poverty. These harms extend to a convicted person’s family and broader community, and disproportionately impact communities of color.

To ensure just results and keep our community safe, our criminal legal system must seek case outcomes that balance two considerations: the need to impose accountability for unlawful conduct, and the need to reduce harms that unfairly impact the accused. To achieve that balance, we need strong public defense lawyers.

Research studies show that effective public defense lawyers help reduce the harmful effects of excessive convictions and incarceration. They can also help advance public safety by helping clients to address the root causes of unlawful conduct (such as untreated mental health issues or substance use), as well as save taxpayer money by avoiding unnecessary jail costs.

Here’s an uncomfortable truth: Allegheny County’s systems for protecting the rights of accused persons who cannot afford a lawyer often fail people. In violation of national standards established by the American Bar Association, these systems fail to safeguard lawyer independence; fail to provide adequate training and resources; and fail to ensure that lawyers have the capacity to provide effective counsel to all clients. The end result is that young people with promising futures are unfairly branded with felony convictions. People with mental illnesses languish in jail when what they need is treatment.

Our goal with this report is to advocate 10 safety-minded reforms that will modernize our outdated indigent defense systems, and bring them into compliance with national standards.

Click the link(s) at the top of the page to view PDF versions of both (1) the full report and (2) the summary of reforms and recommendations.